Arrested but Innocent

The United States Supreme Court has said, "a collection of dismissed, abandoned or withdrawn arrest records are no more than gutter rumors when measured against any standards of constitutional fairness to an individual and, along with records resulting in an acquittal are not entitled to any legitimate law enforcement credibility whatsoever."  Schware v. Board of Bar Examiners, 353 U.S. 232, 241, 77 S.Ct. 752, 757, 1 L.Ed.2d 796 (1957).  But the United States Supreme Court isn't looking at your record!  Under Missouri law you can eliminate the whole issue if:

(1)  The arrest was based on false information; 

(2)  There is no probable cause, at the time of the action to expunge, to believe the individual committed the offense;

(3)  No charges will be pursued as a result of the arrest;

(4) The subject of the arrest did not receive a suspended imposition of sentence for the offense for which the arrest was made or for any offense related to the arrest; and

(5) No civil action is pending relating to the arrest or the records sought to be expunged.

In the past there was a requirement that the person have no other criminal convictions.  That part of the law was repealed in 2021.  

If the arrest was based on TRUE information but you were never charged with an offense, you can pursue an expungment under § 610.140.5 unless the offense is excluded, but the process is different.  

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